# C_2012375EN.01000201.xml

| 5.12.2012 | EN | Official Journal of the European Union | C 375/2 |
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5.12.2012

EN

Official Journal of the European Union

C 375/2

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Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 19 March 2012 regarding a draft decision relating to Case COMP/39.462 (1) — Freight forwarding

Rapporteur: Slovak Republic

2012/C 375/02

| 1. | The Advisory Committee agrees with the European Commission’s assessment of the facts as agreements and/or concerted practices within the meaning of Article 101 TFEU and Article 53 EEA in the case of each of the following cartels: (a) the NES cartel; (b) the AMS cartel; (c) the CAF cartel; and (d) the PSS cartel. |
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1.

The Advisory Committee agrees with the European Commission’s assessment of the facts as agreements and/or concerted practices within the meaning of Article 101 TFEU and Article 53 EEA in the case of each of the following cartels: (a) the NES cartel; (b) the AMS cartel; (c) the CAF cartel; and (d) the PSS cartel.

| 2. | The Advisory Committee agrees that the complex of agreements and/or concerted practices constitutes a single and continuous cartel infringement in the case of each of the following cartels in the time frame the respective infringements existed: (a) the NES cartel; (b) the AMS cartel; (c) the CAF cartel; and (d) the PSS cartel. |
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2.

The Advisory Committee agrees that the complex of agreements and/or concerted practices constitutes a single and continuous cartel infringement in the case of each of the following cartels in the time frame the respective infringements existed: (a) the NES cartel; (b) the AMS cartel; (c) the CAF cartel; and (d) the PSS cartel.

| 3. | The Advisory Committee agrees with the European Commission that the complex of agreements and/or concerted practices had the object of restricting competition in the case of each of the following cartels: (a) the NES cartel; (b) the AMS cartel; (c) the CAF cartel; and (d) the PSS cartel. |
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3.

The Advisory Committee agrees with the European Commission that the complex of agreements and/or concerted practices had the object of restricting competition in the case of each of the following cartels: (a) the NES cartel; (b) the AMS cartel; (c) the CAF cartel; and (d) the PSS cartel.

| 4. | The Advisory Committee agrees with the European Commission assessment on the duration of the infringement for each addressee in the case of each of the following cartels: (a) the NES cartel; (b) the AMS cartel; (c) the CAF cartel; and (d) the PSS cartel. |
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4.

The Advisory Committee agrees with the European Commission assessment on the duration of the infringement for each addressee in the case of each of the following cartels: (a) the NES cartel; (b) the AMS cartel; (c) the CAF cartel; and (d) the PSS cartel.

| 5. | The Advisory Committee agrees with the European Commission draft decision as regards the conclusion that the agreements and/or concerted practices between the addressees were capable of having an appreciable effect upon trade between the Member States of the EU and between other contracting parties to the EEA Agreement in the case of each of the following cartels: (a) the NES cartel; (b) the AMS cartel; (c) the CAF cartel; and (d) the PSS cartel. |
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5.

The Advisory Committee agrees with the European Commission draft decision as regards the conclusion that the agreements and/or concerted practices between the addressees were capable of having an appreciable effect upon trade between the Member States of the EU and between other contracting parties to the EEA Agreement in the case of each of the following cartels: (a) the NES cartel; (b) the AMS cartel; (c) the CAF cartel; and (d) the PSS cartel.

| 6. | The Advisory Committee agrees with the European Commission draft decision as regards the addressees of the decision, including the imputation of liability to parent companies of the groups concerned in the case of each of the following cartels: (a) the NES cartel; (b) the AMS cartel; (c) the CAF cartel; and (d) the PSS cartel. |
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6.

The Advisory Committee agrees with the European Commission draft decision as regards the addressees of the decision, including the imputation of liability to parent companies of the groups concerned in the case of each of the following cartels: (a) the NES cartel; (b) the AMS cartel; (c) the CAF cartel; and (d) the PSS cartel.

| 7. | The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union. |
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7.

The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.

Official Journal of the European Union

| 8. | The Advisory Committee asks the Commission to take into account all the other points rased during the discussion. |
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8.

The Advisory Committee asks the Commission to take into account all the other points rased during the discussion.

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